JY v RY: An Indictment of the Impact of Legal Aid Cuts

Matthew Richardson commented on JY v RY for Family Law Week – a case DJ Read described as ‘the most unsatisfactory’ he has heard, and in which the outcome ‘would have been very different’ if the parties had been represented.

The family court matter involved allegations of threats and intimidation, verbal abuse, physical and sexual assault, as well as an allegation of rape.

The parties were without representation, faced with a magnitude of tasks including gathering evidence, obtaining police disclosure, particularising allegations, considering witness statements, collecting and preparing documents for trial, analysing evidence, and preparing oral statements and questions for the hearing. To go through this ordeal as a litigant in person, is a serious challenge – even for one experienced in family law themselves.

In his commentary, Matthew draws attention to the hurdles involved in this demanding and serious work, and comments on the unacceptably high expectation that the parties be able to manage these allegations on their own. He also outlines the series of observations that DJ Read offered on the fairness and adequacy of trail preparation possible in these circumstances, and comments on how this case is an alarming lesson on just how far our justice system has fallen.

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